Report No. MM 96-4           MASS MEDIA ACTION             January 30, 1996


         NONCOMMERCIAL EDUCATIONAL STATION WABE(FM), ATLANTA, GA, 
                    DENIED REVIEW OF THE DISMISSAL OF  
                 ITS APPLICATION TO MODIFY ITS FACILITIES

     The Commission has denied noncommercial educational station
WABE(FM)'s petition for review of the Mass Media Bureau's
dismissal of its application to modify WABE's facilities.  WABE
is licensed to the Board of education for the City of Atlanta.

     WABE sought to modify its facilities by changing transmitter
sites and increasing power in order to improve its coverage of
central Atlanta, while maintaining coverage of the populous
outlying areas.  The Bureau denied its application because it
failed to comply with the interference protection standard for
co-channel noncommercial educational station WEPR(FM),
Greenville, SC.  The proposed WABE 40 dBu interfering contour
would have overlapped with WEPR's protected service contour, in
violation of the rules.  WABE requested and was subsequently
denied a waiver of the rule.

     WABE filed an untimely application for review.  WABE stated
that no interference would result to WEPR because, due to
existing interference and terrain considerations, WEPR cannot at
present be heard reliably in the areas where interference is
predicted.
     
     The Commission, in denying review, stated that even if
WABE's application for review had been timely filed, it would
have still been denied because: 1) uniform service does not occur
through a station's  protected service contour, but adding an
interfering signal will diminish the possibility of satisfactory
reception; 2) the Commission has consistently prohibited
applicants and licensees from negotiating interference among
themselves; and 3) WABE's proposal creates an inefficient
spectrum usage by decreasing its protected service contour
without altering the technical "preclusionary" effect WABE would
have on other facilities.

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     Action by the Commission January 24, 1996, by Memorandum
Opinion and Order (FCC 96-20).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Michael F. Wagner at (202) 418-
2720.